2018-07-16 City Council Agenda Packet
City of Albertville Council Agenda
Monday, July 18, 2018
City Council Chambers
7:00 p.m.
Budget Workshop – Immediately Following Regular Meeting
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public
Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
P:\City Council\Council Agendas\2018 Agenda Packets\2018-07-16 City Council Agenda.docx
Meeting Date: July 16, 2018
1. Call to Order
2. Pledge of Allegiance – Roll Call
3. Recognitions – Presentations – Introductions
A. Long Range Plan Presentation – Andy Berg, ABDO
4. Public Forum – (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled, it will be discussed in the order it
is listed on the Consent agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the June 18, 2018 regular City Council meeting minutes as presented (pgs 4-
9)
B. Authorize the Monday, July 16, 2018 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at
City Hall upon request (pg 10)
C. Adopt Resolution 2018-020 approving a new Lawful Gambling Premises Permit for
the International Association of Lions Rockford for Cedar Creek Golf Course for
September 8, 2018 (pgs 11-14)
D. Approve Resolution 2018-021 Approving Election Judges for the 2018 Primary and
General Elections (pgs 15-16)
7. Public Hearings – None
Agenda Page 1
City of Albertville Council Agenda
Monday, July 16, 2018 Page 2 of 3
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Meeting Date: July 16, 2018
8. Department Business
A. Planning/Zoning
1). Karston Cove 5th Addition Final Plat and Development/PUD Agreement
(pgs 17-60)
(Motion to approve Karston Cove 5th Addition Final Plat and Development/PUD
Agreement.)
2). Laurel Academy Early Learning Center Site and Building Plan and
Conditional Use Permit For A Commercial Day Care Facility At 6558
Laketowne Place NE (pgs 61-73)
(Motion to adopt Resolution Number 2018-022 approving a site and building
plan and conditional use permit to allow a daycare facility to be established at
6558 Laketowne Place.)
B. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
C. Fire
1). Fire Department Update (pg 74)
D. City Clerk
1). Set August 6 and August 20 Budget Workshops
(Motion to set the August 6, 2018 and August 20, 2018 budget workshops.)
E. Finance – None
F. Public Works/Engineering – None
G. Building – None
H. Legal – None
I. Administration
1). Driveway Replacement Program (pgs 75-79)
2). City Administrator’s Update (80-84)
9. Announcements and/or Upcoming Meetings
July 23 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
August City Council, 7:00 p.m.
Budget Workshop, TBD
August 13 STMA Ice Arena Board, 6:00 p.m.
August 16 Planning Commission, 7:00 p.m.
Agenda Page 2
City of Albertville Council Agenda
Monday, July 16, 2018 Page 3 of 3
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Meeting Date: July 16, 2018
August 20 City Council, 7:00 p.m.
Budget Workshop, TBD
August 27 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
JULY AUGUST
Su M Tu W Th F Sa Su M Tu W Th F Sa
1 CC 2 3 H 4 5 6 7 1 2 3 4
8 Ice 9
PC
10
FAC
11 FB12 13 14 5 CC 6 7 8 9 10 11
15 CC 16 PC17 18 19 20 21 12 Ice 13 14 15 PC 16 17 18
22
JP 23
PK 24 25 26 27 28 19 CC 20 21 22 23 24 25
29 JM 30 31 26 JP27PK 28 29 30 31
10.Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, July 16, 2018
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Acting Mayor Vetsch called the meeting to order at 7:08 p.m.
2. ROLL CALL
Present: Acting Mayor Vetsch and Council members Cocking, Hudson, and Olson
Absent: Mayor Hendrickson
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Finance Director
Tina Lannes, Fire Chief Eric Bullen, and City Clerk Kim Hodena
Others Present: Monica Potter, Jay Eull, Denise Busch
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS
A. Legislative Update - Senator Kiffmeyer
Senator Kiffmeyer reported there has been a good working relationship with both the Senate and the
House, especially with Representative Eric Lucero.
Kiffmeyer reported they had much success with funding for wastewater improvements and
transportation, specifically the I-94 and Highway 169 improvement projects. She also mentioned
improvements to the 610/Brockton interchange.
Cocking thanked Kiffmeyer for her support of the funding to Albertville for the 2019 wastewater
improvements, stating the $2 million funding is a saving to taxpayers.
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
Motioned by Cocking, seconded by Hudson, to approve the Agenda as presented. Ayes: Vetsch,
Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED
CARRIED.
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of July 16, 2018
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the June 4, 2018 regular City Council meeting minutes as presented
B. Authorize the Monday, June 18, 2018 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
C. Approve a Therapeutic Massage Enterprise License for St. Michael Massage, located at
10904 57th Street NE, Suite 109, to provide massage therapeutic services contingent upon
inspection and approval of the Building Official, payment of license fees, and proof of
liability insurance
D. Authorize the purchase of 2 portable radios for the Fire Department
E. Adopt Resolution No. 2018-015 establishing and appointing members to the Absentee
Ballot Board for the 2018 Primary and General Elections
F. Approve Resolution 2018-016 Approving Assignments of Tax Increment Financing and
Regulatory Agreement in Connection with Cottages of Albertville
Vetsch pulled Item F from the Consent Agenda.
Motioned by Cocking, seconded by Hudson, to approve the Consent Agenda as amended. Ayes:
Vetsch, Cocking, Hudson and Olson. Nays: None. Absent: Hendrickson. MOTION
DECLARED CARRIED.
Approving Assignments of Tax Increment Financing and Regulatory Agreement in Connection
with Cottages of Albertville
Couri stated the original tax increment financing was put into place in 1998 or 1999. The current
property owner is selling and the new owner would like to take over and receive the tax increment
assignments.
There are five years left in the district and he stated that it would be difficult to withhold assignments
without cause.
Vetsch questioned if the assignments could be held because there are code violations with the
property. Nafstad reported that since it is a rental property, they have done inspections and
documented the repairs needed. The current owner has been cooperating and receptive to making
the repairs. The buyer is also aware of the needed repairs. He reported that staff has consulted bond
counsel and they have recommended not tying the assignments to inspections.
Couri reported that the original development agreement required that the property/developer comply
will all local, state, and federal laws or code.
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of July 16, 2018
Alex Bisanz, Real Estate Equities, stated they are the current owners of the property. He reported
that they have made a good faith effort with the repairs and to improve tenant relations. He stated
that unfortunately the previous property managers had not followed through. He stated that all units
have had a walk through and been inspected. He felt they are not in violation of the city’s standards
and the repairs are maintenance related.
Vetsch questioned the repercussions if the closing was delayed in order to finalize the issues.
Council discussed adding a condition to the consent agreement removing the statement that the
developer (new owner) is in compliance with the development agreement and stating that the city
still has the right to enforce its standards.
Motioned by Hudson, seconded by Cocking, to approve Resolution 2018-017 approving
assignment of tax increment financing and regulatory agreement in connection with Cottages of
Albertville with amended language as provided by the City Attorney. Ayes: Cocking, Hudson, and
Olson. Nays: Vetsch. Absent: Hendrickson. MOTION DECLARED CARRIED.
7. PUBLIC HEARINGS – None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
Cocking reported on his Washington D.C. trip. He stated that he had the opportunity to meet
many our local representatives and senators. He stated it was a very positive trip.
Hudson reported that the Planning Commission meeting was cancelled. He then inquired
when the Council’s annual trip to D.C. would be and Nafstad stated it will be in the fall and he
will get back to Council with the dates. He added that the focus of the fall trip would be
federal transportation funding.
B. City Clerk
1). Set Preliminary 2019 Budget Workshop #1
Motioned by Cocking, seconded by Olson, to set a workshop for July 16, 2018 immediately
following the regular Council meeting to discuss the 2019 preliminary budget. Ayes: Vetsch,
Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED
CARRIED.
2). STMA Youth Hockey Lawful Gambling Permit
Clerk Hodena reported staff has a received an application from the STMA Hockey Association to
take over the gambling at Villa Bar and Grill.
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of July 16, 2018
Nafstad stated that staff also received an inquiry if the city would consider implementing the 10%
fee on gambling proceeds that is a city ordinance, but has not been the city’s practice.
Vetsch stated that the Lions gambling proceeds are after donated back to the city and are in excess of
10%. Cocking stated that he would not like to take away from groups that donate to the city. Vetsch
replied it may easier to just collect the 10% to be fair. Couri also reported that state law can allow
cities to require the proceeds be spent within a specific trade area.
Monica Potter, gambling manager for STMA Hockey Association, stated that the association is
under new leadership and they do contribute to the community. They are also looking into
additional ways they can contribute.
Nafstad reported staff will review the code and past procedures fof gambling activity within the city
and report back to Council at another meeting.
Motioned by Cocking, seconded by Hudson, to adopt Resolution 2018-017 approving a new
Lawful Gambling Premises Permit for the STMA Youth Hockey Association for Villa Bar & Grill,
located at 11935 59th Place NE. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None.
Absent: Hendrickson. MOTION DECLARED CARRIED.
C. Public Works/Engineering
1). Award Bid for Westwind Park
Nafstad reported that two bids were received and are for general site work such as excavation and
grading, concrete, trail and turf restoration. Olson inquired if the bids came in high or low and
Nafstad replied they came in lower than anticipated. Nafstad also reported that the boardwalk
estimates vary from $75,000 to $200,000, depending on the type of construction.
Motioned Olson, seconded by Hudson, to approve Resolution 2018-018 awarding contract to
Omann Bros. for Westwind Park improvements in the amount of $134,471.50. Ayes: Vetsch,
Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED
CARRIED.
D. Fire – None
E. Finance – None
F. Planning/Zoning - None
G. Building – None
H. Legal – None
Agenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of July 16, 2018
I. Administration
1). Wastewater Treatment Plant Grant
Nafstad reported that having received word they will get the $2 million in funding for the wastewater
improvements, they will need provide information and enter into a grant agreement with Minnesota
Public Facilities Authority.
Motioned by Olson, seconded by Hudson, to adopt Resolution 2018-019 to submit information to
the MN Public Facilities Authority and to enter into a grant agreement. Ayes: Vetsch, Cocking,
Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED.
2). Driveway Assessment Program – Discussion
Nafstad reported that during last year’s sidewalk project, they allowed residents who wished to
replace the entirety of their driveway rather than just a portion to use the city’s contractor and
pricing if they entered into an assessment agreement. Nafstad informed the Council he has received
requests from residents who would like to have their driveways improved and assessed to their taxes.
Nafstad inquired if the Council would like to offer this type of program. Nafstad presented a draft
program policy and draft agreement for residents.
Cocking inquired if there is any risk to the city and Couri they would need to require each property
owner to sign a waiver that they would not appeal the assessment.
Olson had a couple of concerns:
1. Will each assessment be reviewed on a case by case basis and with their own contractor?
2. They will need a max amount to be set that the assessment will be for.
3. They should require the administrative fee upfront.
Lannes stated that assessments could be for three or five years depending on the amount of the quote
received.
Olson inquired about licensing provisions for contractors doing the work and Couri replied that staff
can check the Department of Labor and Industry website to see if contractors are licensed and
bonded.
Nafstad they have already received several requests for this year. Cocking stated that he is reticent
until the full scope of the program is flushed. Olson suggested an annual cap. Cocking felt it would
be better to stagger agreements over a number of years, such as five. Olson inquired if there were to
be another neighborhood improvement would those driveways use up the money designated for that
year?
Nafstad reported staff will come back with a revised program outline and continue the discussion.
3). City Administrator’s Update
Nafstad reported he has a draft agreement for one of the properties along 58th Street Ne in terms of
acquisition for park land and is still negotiating with other who is receptive to the idea.
Agenda Page 8
City Council Meeting Minutes Page 6
Regular Meeting of July 16, 2018
He also stated Kennedy and Graven had inquired if Albertville would be interested in conduit
financing for a development in Buffalo.
Cocking inquired about risk to the city and Couri replied that Buffalo would use their rating. Lannes
also stated that Albertville would receive an administrative fee for use of the conduit financing and
Nafstad reported that he had tentatively negotiated 0.5%. However, he will have more information
at a later date.
9. Announcements and/or Upcoming Meetings
June 25 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
July 2 City Council, CANCELLED
July 4 City Offices Closed, Independence Day
July 9 STMA Ice Arena Board, 6:00 p.m.
July 10 Planning Commission, 7:00 p.m.
July 16 City Council, 7:00 p.m.
July 23 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
July 30 Joint Governance Meeting, TBD
10. ADJOURNMENT
Motioned by Cocking, seconded by Hudson, to adjourn the meeting at 9:15 p.m. Ayes:
Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTION DECLARED
CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 9
Mayor and Council Request for Action
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Meeting Date: July 16, 2018
July 12, 2018
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, July 16, 2018 payment of the claims as presented except
the bills specifically pulled, which are passed by separate motion. The claims listing has been
provided to Council as a separate document. The claims listing is available for public viewing at
City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
• Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
Agenda Page 10
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2018\071618\2018-06-18 Rockford Lions Gambling Permit.docx
Meeting Date: July 16, 2018
July 12, 2018
SUBJECT: CONSENT - CITY CLERK – OFF-SITE GAMBLING PERMIT FOR ROCKFORD LIONS
AT CEDAR CREEK GOLF COURSE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution 2018-020 approving a new Lawful Gambling Premises
Permit for the International Association of Lions Rockford for Cedar Creek Golf Course for
September 8, 2018.
BACKGROUND: The Rockford Lions have submitted an application for an Off-Site Gambling
Permit for Cedar Creek Golf Course, located at 5700 Jason Avenue NE, on Saturday, September
8, 2018.
KEY ISSUES:
• A resolution to approve the Off-Site Gambling Permit for the Rockford Lions is
attached. Local governing board approval is required prior to submitting the application
to MN AGED.
• This is a permit for a one-time off premise event.
• The type of gambling to be conducted is a raffle.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the
authority to either approve or deny any gambling license application received by the City.
Responsible Person - Department: Kimberly A. Hodena, City Clerk
Submitted Through: Adam Nafstad, City Administrator – PWD
Attachments: Resolution 2018-020
LG230 Gambling Application
Agenda Page 11
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-020
A RESOLUTION APPROVING AN OFF-SITE GAMBLING
PERMIT FOR THE INTERNATIONAL ASSOCIATIONOF LIONS ROCKFORD TO
CONDUCT OFF-SITE GAMBLING
WHEREAS, the Rockford Lions have submitted an application for an Off-Site Gambling
Permit to conduct lawful gambling activities within the City of Albertville, Minnesota, and,
WHEREAS, the purpose of the lawful gambling is to raise funds for
________________, and,
WHEREAS, the lawful gambling will be bingo held on September 8, 2018 at Cedar
Creek Golf Course, located at 5700 Jason Avenue NE in Albertville, and,
WHEREAS, the Rockford Lions intend to comply with all lawful gambling rules and
reporting requirements of the State of Minnesota and the City of Albertville, and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Albertville that the Off-Site Gambling Permit for the International Association of Lions
Rockford is hereby approved and the State Gambling Control Board is authorized to process the
application.
Adopted by the Albertville City Council this 16th day of July, 2018.
______________________________
Jillian Hendrickson, Mayor
ATTEST:
______________________________
Kimberly A. Hodena City Clerk
Agenda Page 12
Agenda Page 13
Agenda Page 14
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-021
A RESOLUTION APPOINTING ELECTION JUDGES
FOR THE 2018 PRIMARY AND GENERAL ELECTIONS
WHEREAS, the City Council is required by Minnesota State Statute 204B.21, Section 2,
to officially approve the appointment of election judges; and
WHEREAS, the Albertville City Council hereby adopts the judges listed on Exhibit A,
hereto attached, as the Official 2018 Election Judges for the August 14, 2018 Primary Election
and the November 6, 2018 General Election, with the understanding that amendments may be
necessary to the appointments in order to fill vacancies and meet party balance requirements, and
NOW, THEREFORE, BE IT RESOLVED, the City Council appoints the individuals
listed on Exhibit A, hereto attached, the 2018 Primary and General Election at a rate depending
on qualifications.
Exhibit A – Attached
Adopted by the City Council of the City of Albertville this 16th day of July, 2018.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Hodena, City Clerk
Agenda Page 15
City of Albertville
Meeting of July 16, 2018
Resolution No. 2018-021
Page 2
Exhibit A
Official Election Judges for 2018 Primary and General Elections
Randy Bacon
Connie Bacon
David Bartholomew
Maeghan Becker
Judy Boller
Larry Boller
Travis Brown
Patricia Boorman
Paul Buhrmann
Elizabeth Coleman
Steven Dunn
Sandra Greninger
Linda Hansen
Karen Hanson
Jeanne Holland
Paulette Holman
William Holman
Janet Kimbler
Tom Kohmetscher
Tina Lannes
Carolyn LeBlanc
LaVonne Martinson
Kristie Moseng
Rick O'Brien
Judy Omann
Carmen Robeck
Noelle Teresa Vogt
Diane Vossen
Katie Watkins
Gary Weihn
Agenda Page 16
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius
DATE: June 13, 2018
RE: Albertville – Karston Cove 5th Addition Final Plat
FILE NO: 163.06 – 18.04
BACKGROUND
On May 7, 2018, the Albertville City Council approved a change in zoning for R-5,
Medium Density Residential District to PUD, Planned Unit Development and a preliminary
plat entitled Karston Cove 5th Addition. This preliminary plat consisted of eight single
family lots and outlots over existing wetlands.
The preliminary plat approval included some performance standard flexibilities through
the PUD zoning, including lot area, lot width, and setbacks. Centra Albertville Inc. is now
pursuing final plat approval consistent with City conditions imposed on the preliminary plat
and PUD Zoning District.
Attached for reference:
Exhibit A: Preliminary Plat
Exhibit B: Final Plat
Exhibit C: Grading Plan
Exhibit D: Site Plan
Exhibit E: Street Plan
Exhibit F: Removal Plan
Exhibit G: House Models
Agenda Page 17
2
ISSUES AND ANALYSIS
Consistency with Preliminary Plat. The final plat shows eight lots and three outlots.
The lot and block configuration is consistent with the preliminary plat with the following
exceptions:
1. As a condition of preliminary plat approval, the City required all wetlands and
drainage acres to be platted as outlots and dedicated to the City. The final plat
shows two outlots. Outlot A covers wetlands and ponding areas along the south
and west sides of the plat. Outlot B was added to the final plat, as a condition by
the City. Outlot B covers a wetland and wetland buffer on the north side of Lots 2
and 3.
2. With the creation of Outlot B, Lots 2 and 3, Block 1 lack sufficient lot width to meet
a standard single family lot size. The City approved flexibility for the lot width
standard through the PUD, recognizing the requirement for Outlot B. In exchange
for the lot width flexibility, the City will require that the homes meet the setbacks
illustrated in Exhibit D.
Setbacks. In exchange for flexibility in lot width and area, the City will require all homes
located on the individual lots to be consistent with the setbacks shown on Exhibit D site
plan. For ease of building permit review, the applicant will provide a lot by lot list of
setbacks identifying the specific front, side, and rear yard setbacks for each lot. This list
will be approved as part of the PUD and will be available to the Building Inspector for the
building permit checks.
House Design. The proposed subdivision has a unique lot design. The applicant has
provided house models that are designed to fit the proposed subdivision. As part of the
PUD, the City approved the developer’s house designs for this subdivision. The
developer shall construct the house models within the Karston Cove 5th Addition that were
approved as part of the PUD.
Utilities. The City Engineer shall review and comment on the utility plan. A condition of
the preliminary plat approval was to locate all water service outside of the driveways.
With the exception of Lots 2 and 3, it appears that the balance of the lots meet this
condition. The applicant, in conjunction with the City Engineer shall explore alternative
water service routes to serve Lots 2 and 3, Block 1. The City Engineer shall approve the
water service locations for these two lots.
Grading and Drainage. The City Engineer shall review and comment on the site grading
and drainage plan. House pads must meet following standards:
1. Top of foundation and garage floor must be a minimum of 18 inches above the
crown of the street.
2. All low building openings must be two feet above the 100 year flood level of
adjacent ponds and wetlands.
Agenda Page 18
3
3. All low building openings must be two feet above any emergency overflow
elevations.
4. All low floor elevations must be a minimum of one foot above the normal water
level of any pond or wetland.
If the wetlands and ponds are determined to be landlocked, the minimum building
elevations may be increased. This shall be a determination of the City Engineer.
Sidewalk. The applicant shall install a concrete sidewalk along 64th Street for the full
length of the plat. Sidewalk design shall meet City specifications.
Landscaping. As part of the preliminary plat and PUD approval, the applicant is required
to provide a landscape plan, which shall be submitted to the City for approval and
included as exhibit in the Development Contract. Said landscape plan shall address the
following items:
1. Boulevards (street right-of-ways) shall be sodded.
2. The front yard beyond the boulevard, including the side yards shall be sodded.
3. Seeding of 100% of the yard may be approved in lieu of sodding, provided the
applicant posts a security equal to 50% of the estimated cost of ground cover or
$3,000.00 per lot, whichever is greater.
4. For construction occurring during a non-growing season, Temporary Certificate of
Occupancy can be granted with the posting of a security of 150% of the estimated
cost of ground cover, or a minimum of $3,000.00 per lot, whichever is greater.
5. Applicant shall provide a minimum of one shade or evergreen tree per lot.
6. Landscape plan shall identify planting plans for the restoration and establishment
of the wetland buffers.
7. Landscape plan shall provide for a landscape screen or fence along the East side
of Lot 8, Block 1 to screen the parking lot.
Development/PUD Agreement. Developer shall be required to enter into a
development/PUD agreement that outlines the terms of the PUD approval and
establishes terms and securities for installation of improvement for the plat restoration of
64th Street and site landscaping.
Agenda Page 19
4
CONCLUSION
Based on the submitted final plat and plan set dated June 1, 2018, and the previous
conditions outlined in the PUD zoning approval, we recommend approval of the Karston
Cove 5th Addition final plat with the following conditions:
1. The applicant provide a lot by lot list of required setbacks to the City as illustrated
in Exhibit D, to aid in the processing and plan checks at time of building permit.
2. The developer construct the house models provided and approved with the PUD
for this plat.
3. City Engineer approval of the utility plan.
4. City Engineer approval of the grading and drainage plan.
5. The applicant shall provide a landscape plan and narrative that address the City
requirements for new residential subdivisions as outlined in this request for
approval by the City.
6. The applicant shall enter into a development/PUD agreement with the City that
outlines the PUD approvals and the terms and securities for plat improvement.
c: Kim Hodena
Maeghan Becker
Mike Couri
David Pattberg
Tate Baxter
Agenda Page 20
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Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-____
RESOLUTION APPROVING A FINAL PLAT FOR KARSTON COVE 5TH ADDITION,
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Centra Albertville LLC has received approval of a zoning map amendment for
PUD zoning district and preliminary plat for a plat entitled Karston Cove 5th Addition from the
Albertville City Council on May 7, 2018; and
WHEREAS, Centra Albertville LLC has submitted application and plan sets requesting
final plat approval of Karston Cove 5th Addition; and
WHEREAS, City staff has reviewed the submitted applications and submission documents
and has prepared a planning report dated June 13, 2018. Upon finding the final plat to be
consistent with the approved preliminary plat and conditions of the PUD district City Staff has
recommended approval of the final plat; and
WHEREAS, upon review of the application information, the June 13, 2018 planning report,
and public testimony, the City Council agrees with the findings and conditions of approval
recommended by City Staff pertaining to Karston Cove 5th Addition final plat.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota
hereby approves the Karston Cove 5th Addition final plat, the Karston Cove 4th Addition and
PUD zoning design standards subject to the following conditions being met:
1. The applicant provide a lot by lot list of required setbacks to the City as illustrated in
Exhibit D, to aid in the processing and plan checks at time of building permit.
2. The developer construct the house models provided and approved with the PUD for this
plat.
3. City Engineer approval of the utility plan.
4. City Engineer approval of the grading and drainage plan.
5. The applicant shall provide a landscape plan and narrative that addresses the City
requirements for new residential subdivisions as outlined in the June 13, 2018 planning
report for approval by the City.
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Agenda Page 32
City of Albertville
Resolution No. 2018-____
Meeting of June 18, 2018
Page 2
2
6. The applicant shall enter into a development/PUD agreement with the City that
outlines the PUD approvals and the terms and securities for plat improvements and
landscaping.
Adopted by the City Council of the City of Albertville this 18th day of June, 2018.
Jillian Hendrickson, Mayor
Kimberly A. Hodea, City Clerk
Agenda Page 33
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CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
KARSTON COVE 5TH ADDITION
THIS AGREEMENT, entered into this ______ day of July, 2018 by and
between Centra North, LLC, a Minnesota Limited Liability Company referred to
herein as “Developer”; and the CITY OF ALBERTVILLE, County of Wright, State
of Minnesota, hereinafter referred to as “City”;
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development and which
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide Outlot A of Karson Cove
Fourth Addition into 8 single-family residential lots and two Outlots, which are
described on the attached Exhibit A. Said subdivision which is to be governed by
this Agreement is intended to bear the name “Karston Cove Fifth Addition” and shall
be hereinafter referred to in its entirety as “Said Plat” or “Subject Property”; and
WHEREAS, the City has given final approval of Developer’s plat of Karston
Cove Fifth Addition (attached hereto as Exhibit B) contingent upon compliance with
certain City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to, sidewalk, curb and gutter, grading, sanitary sewer, municipal
water, and storm sewer (hereafter “Municipal Improvements”) be installed to serve
the Development, to be installed and financed by Developer; and
WHEREAS, the City further requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
Agenda Page 34
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consist of boulevards, top soil and sod, grading control per lot, bituminous or
concrete driveways, drainage swales, berming, street signs, street lights, street
cleanup during project development, erosion control, landscaping, and other site-
related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the development of Said Plat and the conditions
imposed thereon; and
WHEREAS, Said Plat is governed by the Master Agreement, except as may
be explicitly modified herein; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party’s promises and considerations herein set
forth, as follows:
1. Planned Unit Development. The Subject Property is hereby allowed to be
developed as a Planned Unit Development with flexibility from the strict
requirements of the City’s Zoning Ordinance in relation to selected items
detailed in this paragraph.
A. Developer agrees that the homes to be constructed on Said Plat shall
exceed the normal 30-foot front setback requirement and shall be set
back to the approximate locations shown on the attached Exhibit C.
B. The lot widths as shown on Said Plat that do not meet the minimum lot
width requirements of the City’s Zoning Ordinance are approved.
C. Developer shall install trees, shrubs, as shown on the landscape plan
attached as Exhibit D. All such landscaping shall be installed no later
than October 31, 2020. The Developer shall guarantee that all new
trees shall survive for two full years from the time planting has been
completed or will be replaced at the expense of the Developer.
D. Developer shall install and maintain wetland demarcation signage at
the boundaries of the wetland buffer. The sign design and sign
locations shall be approved by the City Engineer.
E. All homes constructed on Said Plat shall be substantially similar to the
design of those shown on the attached Exhibit E. All decks and/or
porches shall be designed to fit within the approved building
setbacks set out in this Agreement.
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F. Developer shall locate the water service valves outside the
driveways.
G. Developer shall deed Outlots A and B of Said Plat to the City of
Albertville upon the recording of the final plat.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Karston Cove Fifth Addition, as prepared by ___________________
dated __________ 2018 and on file with the City Clerk, said
improvements to include patching of roadway surfaces, installation of
curb and gutter, sidewalks, water mains, sanitary and storm sewers,
and site grading. All such improvements shall be constructed
according to the standards adopted by the City, along with all items
required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by September 30,
2019.
B. The Developer shall provide the City with record drawings for all
Municipal Improvements, consistent with City requirements and
subject to review and approval of the City Engineer. Record drawings
shall be certified by a registered land surveyor or engineer that all
ponds, swales, emergency overflows, and Municipal Improvements
have been constructed on public easements.
C. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
Acceptance shall be by City Council motion or resolution.
D. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety
after providing Developer with 30 days written notice and pay any
contractors who performed work on any Municipal Improvements and
whom Developer has failed to fully pay for the performance of said
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work.
E. The City shall, at its option, have the City Engineer, or his designee,
present on Said Plat for inspection purposes at all times (or such times
as the City may deem necessary) during the construction and
installation of said Municipal Improvements. Developer agrees to pay
for all costs incurred by the City during said inspections.
F. The Developer shall be responsible, at Developer’s expense, for
plowing snow from all streets in Said Plat that do not have wear course
installed. Such plowing shall be done in a manner and on a timeline
consistent with the way the City plows its other residential streets.
Developer shall be responsible for repairing all damage which occurs
to streets and utilities as a result of snow plowing when such streets do
not have the wear course of bituminous installed.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod
and seed in all yards, landscaping, grading control per lot, bituminous
or concrete driveways, drainage swales, berming, wetland demarcation
signs and sign posts and like items as necessary, street cleanup during
project development, and erosion control, all as required by City
ordinance and this Agreement. Front, side and portions of the back
yards of residential lots shall be sodded in accordance with the
Residential Development Standards as on file with the City
Administrator’s Office. Those portions of the yards not required to be
sodded may be seeded with grass seed or sodded. In all cases
permanent turf or grass must be established over all areas of the lot not
covered by a hard or impervious surface. The Developer shall
guarantee that all new plantings shall survive for two full years from
the time the planting has been completed or will be replaced at the
expense of the Developer. Said on- and off-site improvements shall be
installed no later than September 30, 2019, with the exception of
erosion control, drainage swales and berming, which shall be installed
upon initial grading of Said Plat, and except that the driveways and sod
need not be installed in a lot until that lot is developed (provided
adequate ground cover has been established prior to the development
of such lot).
B. Developer shall, at its own expense, be responsible to ensure the
following items are installed within the Subject Property, all such
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items to be installed under ground, within the street right of way or
such other location as may be approved by the City Engineer,
accessible to all lots and in compliance with all applicable state and
local regulations:
i. Electrical power supply, to be provided by Wright-Hennepin or
other such carrier;
ii. Natural gas supply, to be provided by Center Point Energy or
other such carrier;
iii. Telephone service, to be provided by Century Link Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause streetlights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices.
C. Before any grading is started on any site, all erosion control measures
as shown on the approved Grading, Drainage and Erosion Control
Plan attached as Exhibit F shall be strictly complied with. Developer
shall maintain erosion control measures in accordance with the
MPCA’s Best Management Practices at all times during the
development of Said Plat.
D. Notwithstanding the requirements of subparagraphs 3A, 3B and 3C,
above and except as otherwise provided in this Agreement, the
Developer shall be responsible to ensure that the on- and off-site
improvements are installed to the City's satisfaction for each lot or
parcel prior to the date that a certificate of occupancy (temporary or
permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1st and
before March 30th in any given year, in which case a certificate of
occupancy shall be issued with the requirement that the Developer be
required to install said on-and off-site items for such lot by the
following June 30th.
4. Intended Use of Subdivision Lots. It is the Developer's and City's intent that
a total of 8 single family units be constructed on Said Plat, with one single
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family home on each lot as well as any accessory structures permitted under
the City’s zoning ordinance and this Agreement.
5. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of
$______________ representing the sum of 100% of the estimated cost
of the Municipal Improvements ($_______________), $1,500.00 per
acre for erosion control on and off-site improvements, and 150% of the
estimated cost for landscaping/screening materials ($_________).
Said letter of credit or surety must meet the approval of the City
attorney as to form and issuing bank (the issuing bank must be an
FDIC insured bank located within 100 miles of the City of
Albertville), and must be available in its entirety to fulfill the
obligations of the Developer under this Agreement. The letter of
credit to the City shall contain language requiring its automatic
renewal prior to December 31 of each calendar year, unless
cancellation of the letter of credit is specifically approved in writing by
the City.
B. The City may draw on said letter of credit or surety after required
written notice to complete work not performed by Developer
(including but not limited to on- and off-site improvements, Municipal
Improvements described above, erosion control, and other such
measures), to pay liens on property to be dedicated to the City, to
reimburse itself for costs incurred in the drafting, execution,
administration or enforcement of this Agreement, to repair or correct
deficiencies or other problems which occur to the Municipal
Improvements during the warranty period, or to otherwise fulfill the
obligations of Developer under this Agreement. Said letter of credit
must be maintained by Developer at all times at the level provided in
paragraph 5A above or a lesser amount authorized by the City Council
pursuant to paragraph 6B below.
C. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to pay or reimburse the City in total as required herein, the Developer
agrees that upon being billed by the City, Developer will pay within
thirty (30) days of the mailing of said billing, the said deficient
amount. If there should be an overage in the amount of utilized
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security, the City will, upon making said determination, refund to the
Developer any monies which the City has in its possession which are
in excess of the actual costs of the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all reasonable costs incurred by the
City in enforcing any of the terms of this agreement should
Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the
City.
E. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
F. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of
this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
G. In the event the Developer files bankruptcy or in the event a
bankruptcy proceeding is filed against Developer by others and is not
dismissed within 60 days, or in the event a court appoints a receiver
for the Developer, the City may draw on its letter of credit or surety in
its full amount to secure its surety position. The City shall then release
the remainder of said letter of credit or surety to the bankruptcy court
or receiver in the same manner that it would be required to release the
letter of credit under this Agreement.
6. Surety Release.
Agenda Page 40
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A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and/or landscaping improvements, and when it
is reasonably prudent, the Developer may request of the City that the
surety be proportionately reduced for that portion of the Municipal
Improvements and on- and off-site improvements and landscaping
improvements which have been fully completed and payment made
therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period.
iii. When all or a portion of the landscaping improvements have
been installed pursuant to the Landscaping Plat attached as
Exhibit D, the letter of credit or surety may be reduced by the
dollar amount attributable to that portion of such landscaping
improvements installed, except the City shall retain the letter of
credit or surety in the amount of 25% of the estimated
Landscaping Improvement costs for two years from the time of
the installation of said landscaping materials.
iii. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
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C. The costs incurred by the City in processing any reduction request
shall be billed to the Developer and paid to the City within thirty (30)
days of billing.
7. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the development of the Subject
Property, the City’s costs and expenses related to attorney’s fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans
and specifications, and any other expenses undertaken in reliance upon
Developer’s various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the
event the Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, fails to provide
sufficient ground-cover to prevent continuing soil erosion from Said Plat, or
fails to leave the abandoned property in a condition which can be mowed
using conventional lawn mowing equipment, Developer agrees to pay all
costs the City may incur in taking whatever action is reasonably necessary to
provide ground-cover and otherwise restore Said Plat to the point where
undeveloped grounds are level and covered with permanent vegetation
sufficient to prevent continuing soil erosion from Said Plat and to facilitate
mowing of Said Plat. In the event that said costs are not paid, the City may
withdraw funds from the above-mentioned surety for the purpose of paying
the costs referred to in this paragraph.
8. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat, as well as all reasonable
engineering expenses incurred by the City in designing, approving, installing,
and inspecting said Improvements described above. Developer agrees to pay
all such costs within 30 days of billing by the City. If Developer fails to pay
said amounts, Developer agrees to allow the City to reimburse itself from said
surety and/or assess the amount owed against any or all of Said Plat without
objection. Developer has the right to request time sheets or work records to
verify said billing prior to payment.
9. Sanitary Sewer and Water Trunk Line Fees.
Developer has previously satisfied the City’s Sanitary Sewer and Water
Trunk line fee requirements.
Agenda Page 42
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10. Erosion and Sedimentation Control.
Developer shall implement all erosion control measures detailed in the Storm
Water Pollution Prevention Plan (“SWPPP”) and on the Grading and
Drainage plan in the order required by the City Engineer. Developer shall
also implement any additional erosion control measures required by the City
Engineer, and shall abide by all erosion control requirements contained in the
Albertville Subdivision ordinance and as required by the NPDES
Construction Stormwater Permit for the project. The parties recognize that
time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and/or the requirements of the NPDES
Construction Stormwater Permit, the City may take such action as it deems
appropriate to control erosion, and the landowner hereby grants the City
permission to enter upon the land and take such necessary erosion control
actions. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's
and City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty
(30) days, the City may draw down the letter of credit to pay any costs or may
specially assess Developer’s land for the costs not covered by the letter of
credit. No development will be allowed and no building permits will be
issued unless the development is in full compliance with the erosion control
requirements.
11. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat may drain,
and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
12. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage or
repairs which may occur to public property including but not limited to
streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the construction activity which takes place
during the development of Said Plat, including the initial construction of
homes on the lots. The Developer further agrees to pay all costs required to
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repair the streets, utility systems and other public property damaged or
cluttered with debris when occurring as a direct or indirect result of said
construction that takes place in Said Plat.
Developer agrees to clean the streets on a daily basis if required by the
City. Developer further agrees that any damage to public property occurring
as a result of construction activity on Said Plat will be repaired immediately
if deemed to be an emergency by the City. Developer further agrees that
any damage to public property as a result of construction activity on Said
Plat will be repaired within 14 days if not deemed to be an emergency by
the City.
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be
cleaned up, repaired or maintained. When the City undertakes such activity,
the Developer shall reimburse the City for all of its expenses within thirty
(30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against
the lots within Said Plat and/or take necessary legal action to recover such
costs and the Developer agrees that the City shall be entitled to attorney’s fees
incurred by the City as a result of such legal action.
13. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City
or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
14. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
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contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land and shall be recorded against the
title to the property.
F. The Developer represents to the City that Said Plat complies with all
City, county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow construction or
development work on Said Plat until the Developer so complies.
Upon the City's demand, the Developer shall cease work on Said Plat
until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of
title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare.
J. Developer shall obtain all required driveway, utility and other permits
as required by the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the
On- and Off-Site Improvements.
Agenda Page 45
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15. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
against the properties in Said Plat pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
15(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 15A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 5F, and no notice need be
given to the Developer as a condition precedent to the City declaring a
default or drawing upon the expiring irrevocable letter of credit as
therein authorized. The City may elect to give notice to Developer of
the City's intent to draw upon the surety without waiving the City's
right to draw upon the surety at a future time without notice to the
Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
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16. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to Said Plat, and upon completion of all construction
work and certification of completion by the City Engineer, shall
dedicate all roads, road and trail right-of-ways, sidewalks, curbs,
drainage and utility easements, gutters, ponds, sewers and water mains
to the City. Upon acceptance of such dedication, Developer shall
provide to the City “As-Builts” of all sewers, water mains.
Acceptance by City of any dedication shall occur upon passage of a
resolution to such effect by the City Council.
B. Park and Outlot Dedications.
i. Developer has previously satisfied the City’s park dedication
requirements for this plat.
ii. Developer shall deed Outlots A and B to the City.
17. Administrative Fee. A fee for City administration of this project shall be
paid prior to the City executing the Plat and this Agreement. Said fee shall
be 3.5% of the estimated construction costs of the Municipal Improvements
within the Plat. The administrative fee for this Plat is $___________.
18. Phased Development. As said Plat is a phase of a multi-phased preliminary
plat, Developer agrees that the City may refuse to approve final plats of
subsequent phases until public improvements for all prior phases have been
satisfactorily completed. Development of subsequent phases may not proceed
until the City approves Development Contracts for such phases. Approval of
this phase of the Subject Property shall not be construed as approval of future
phases nor shall approval of this phase bind the City to approve future
Development phases. The Master Agreement, the City’s Comprehensive
Plan, Zoning ordinance, Subdivision ordinance, and other ordinances shall
govern all future Development phases in effect at the time such future
Development phases are approved by the City.
19. Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from Said Plat approval and
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development. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses that the City may pay or incur
in consequence of such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
20. Assignment of Contract. The Developer can assign the obligations of the
Developer under this Contract. However, the Developer shall not be released
from its obligations under this contract without the express written consent of
the City Council through Council resolution.
21. Limited Approval. Approval of this Agreement by the City Council in no
way constitutes approval of anything other than that which is explicitly
specified in this Agreement.
22. Professional Fees. The Developer will pay all reasonable professional fees
incurred by the City as a result of City efforts to enforce the terms of this
Agreement. Said fees include attorney’s fees, engineer’s fees, planner’s fees,
and any other professional fees incurred by the City in attempting to enforce
the terms of this Agreement. The Developer will also pay all reasonable
attorneys and professional fees incurred by the City in the event an action is
brought upon a letter of credit or other surety furnished by the Developer as
provided herein.
23. Plans Attached as Exhibits. All plans attached to this Agreement as
Exhibits are incorporated into this Agreement by reference as they appear.
Unless otherwise specified in this agreement, Developer is bound by said
plans and responsible for implementation of said plans as herein incorporated.
24. Integration Clause, Modification by Written Agreement Only. This
Agreement represents the full and complete understanding of the parties and
neither party is relying on any prior agreement or statement(s), whether oral
or written. Modification of this Agreement may occur only if in writing and
signed by a duly authorized agent of both parties.
25. Notification Information. Any notices to the parties herein shall be in
writing, delivered by hand (to the City Clerk for the City) or registered mail
addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Agenda Page 48
16
Centra North, LLC
C/o Dale Wills
11460 Robinson Dr. NW
Minneapolis, MN 55433
26. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By_______________________
Its Mayor
By_______________________
Its Clerk
CENTRA NORTH, LLC
By _______________________
Dale Wills
Its _________________
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ______ day of
_______________, 2018, by Jillian Hendrickson as Mayor of the City of Albertville,
a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
___________________________________
Notary Public
Agenda Page 49
17
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _______ day
of_______________, 2018, by Kimberly Hodena, as Clerk of the City of Albertville,
a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
___________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Dale Wills, as ________________ of Centra North, LLC, acknowledged the
foregoing instrument before me this _____ day of _____________, 2018.
___________________________________
Notary Public
DRAFTED BY:
Couri & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
Agenda Page 50
18
EXHIBIT A TO DEVELOPER’S AGREEMENT
The legal description of the Plat to which this Developer’s Agreement applies is as
follows:
Lots 1-8, Block 1
Outlot A
Outlot B
All said property is located in Karston Cove Fifth Addition, City of Albertville,
County of Wright, State of Minnesota.
Agenda Page 51
19
EXHIBIT B
Final Plat
EXHIBIT C
Home Setbacks
EXHIBIT D
Landscape Plan
EXHIBIT E
Home Designs
EXHIBIT F
Grading, Drainage and Erosion Control Plan
Agenda Page 52
Agenda Page 53
Agenda Page 54
Agenda Page 55
Agenda Page 56
Agenda Page 57
Agenda Page 58
Agenda Page 59
Agenda Page 60
Mayor and Council Request for Action
Laurel Academy Early Learning Center– Site and Building Plan and CUP
Meeting Date: July 16, 2018
July 16, 2018
SUBJECT: PLANNING - LAUREL ACADEMY EARLY LEARNING CENTER SITE AND BUILDING
PLAN AND CONDITIONAL USE PERMIT FOR A COMMERCIAL DAY CARE FACILITY AT
6558 LAKETOWNE PLACE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution Number 2018-022 approving a site and building plan and
conditional use permit to allow a daycare facility to be established at 6558 Laketowne Place.
BACKGROUND: Laurel Academy Early Learning Center has filed an application for site
and building plan review and a conditional use permit for a day care to be located at 6558
Laketowne Place in Albertville.
The site previously contained Minnesota Lighting and Fireplace. The site has been vacant for
since 2009. Laurel Academy Early Learning Center is proposing to renovate the building
and site plan to operate a commercial day care facility.
KEY ISSUES:
Zoning. The site is zoned B-2A Special Business Zoning District. Within the B-2A district
commercial day care facilities are allowed by Conditional Use Permit as regulated by Chapter
1700 of the Albertville Zoning Code.
Building Design. The applicant proposes to use the existing building with the following
modifications:
1. The interior of the building will be re-designed to provide eight classrooms, two kitchens,
and an office space. The classrooms will divide the children into age groups. The facility is
intended to serve children ages six weeks to five years old.
2. The basement of the building will be used for storage of daycare materials. The applicant is
also investigating the use of the basement as a storm shelter pending building official review
and comment.
3. With the change of building use, the entire building shall meet Building and Fire Code
requirements. The entire building will require a fire suppression system.
4. All wall, canopy, and awning signs shall comply with the City's sign regulations.
Parking. The existing building is 9600 square feet of floor area. The City will require one stall
per employee and one stall per ten children. Based on a maximum enrollment of 132 and
staffing of 23 the facility will require a total of 36 parking stalls. The site provides 35 parking
stalls, however the original Shoppes at Towne Lakes established cross parking easements for
shared parking between the various businesses. In the respect, the site has adequate parking.
Agenda Page 61
Mayor and Council Request for Action – (July 16, 2018)
(Laurel Academy Early Learning Center) Page 2 of 2
Laurel Academy Early Learning Center– Site and Building Plan and CUP
Meeting Date: July 16, 2018
Loading: The site plan proposes a delivery vehicle loading area of the north end of parking
area. This area offers a truck parking and maneuvering that will not interfere with required
parking. The trash enclosure will be relocated to the loading areas so as not to interfere with
required parking.
Playgrounds: The site plan proposes two outdoor play areas in review of these areas staff
recommend the following conditions:
1. Applicant provides a detail of the proposed fence. Said fence shall be decorative in design,
minimum 5 feet in height and provide a self-latching gate. The applicant shall be required to
obtain a fence permit prior to installation.
2. Applicant shall provide a landscape plan that identifies the surfacing of the play areas;
provides screening on the south, west and north side of the play areas.
3. The south play area shall provide a 5 foot setback from the sidewalk on the south side of the
lot.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held on Tuesday July 10, 2018 by the Planning Commission
for the site and building plan and the conditional use permit. The Commission recommended that
the City Council approve the application based on the findings and recommendations of the July
5, 2018 Planner’s Report with the addition that the building be sprinklered with the change of
building occupancy.
FINANCIAL CONSIDERATIONS: The applicant shall be responsible for all costs associated
with the site and building plan and conditional use permit. There are no significant financial
issues related to the site and building plan and conditional use permit.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council
have the authority approve the site and building plan, grant the conditional use permit, which
requires a majority vote of the City Council and becomes effective upon publication.
Department/Responsible Person: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution No. 2018-022
Planning Report dated July 5, 2018
Agenda Page 62
MEMORANDUM
TO:
FROM: Maureen Hoffman / Alan Brixius
DATE: July 3, 2018
RE: Albertville – Laurel Academy Early Learning Center
FILE NO: 163.06 – 18.05
BACKGROUND
Marcus Star LLC is proposing a build-out for the Laurel Academy Early Learning Center
daycare in the current building located at the Shoppes of Towne Lakes One, 6558
Laketowne Place. The existing building encompasses 9,600.00 square feet.
The site is zoned B-2A, Special Business District, and was granted a conditional PUD in
2004. Within the B-2A District, a daycare facility is a permitted conditional use, as
regulated by Chapter 1700. The applicant is proposing minimal construction to the
existing building. The changes would include the installation of two playground areas,
and dividing the floorplan into eight classrooms, one office, and two kitchens. The
daycare will serve children ranging from six weeks to five years of age, with a max
enrollment size of 132. For the applicant to receive approval the conditional use
application must be processed through the Planning Commission and approved by the
City Council.
Attached for reference:
Exhibit A: Site plan
Exhibit B: Aerial photo of site
Exhibit C: Site plan with semitrailer turning radius overlay
Exhibit D: Site plan with single unit truck turning radius overlay
ISSUES AND ANALYSIS
Zoning. The site is zoned B-2A District with a conditional use PUD permit, which
permits a daycare if it meets the standards of a conditional use permit:
Agenda Page 63
2
1. Lot Requirements and Setbacks. The daycare facility and accessory uses must
meet the minimum lot size and setback requirements of the respective B-2A
District.
B-2A District Required
Setbacks (front) 35 feet
Setbacks (side – north)* 10 feet
Setbacks (side – south)* 10 feet
Setbacks (rear) 20 feet
Comment: The existing building was created as part of the PUD and meets all
required lot size and setbacks.
2. Parking. The PUD allows shared parking with the entire Shoppes of Towne Lakes
One development. (Parcels: 101099001050, 101099001060, 101099001040)
Comment: The Albertville zoning ordinance lacks specific parking requirements
for daycare facilities, as such recommendations are based on industry standards.
The parking standard applied requires one parking stall per employee and one
parking stall per ten children in maximum enrollment. Based on information sent
by the applicant, the table below, regarding total enrollment (132), and staffing
(23) the applied parking standard requires 36 stalls.
Classroom Age # of Staff Max Group
Size
State
Ratio L T A
Infant 1 6 wks.-10 mths. 1 2 1 12 1:4
Infant 2 10-16 mths. 1 2 1 12 1:4
Young Toddler 16-24 mths. 1 1 1 14 1:7
Older Toddler 24-.33 mths. 1 1 0 14 1:7
Early Preschool 3-3.5 yrs. 1 1 1 20 1:10
Preschool 3-4 yrs. 1 1 0 20 1:10
PreK 4-5 yrs. 1 1 1 20 1:10
PreK 4-5 yrs. 1 1 0 20 1:10
23 132
The plan provides 35 parking stalls, but as stated prior, the site has access to
shared parking on the adjoining lots through the original permitted PUD. The site
plan meets the applied parking standards.
3. Loading. There will be off-street loading space. The conditional PUD may
mitigate this requirement.
Comment: The applicant has stated a food distribution company will deliver food
and cleaning supplies weekly to the daycare. Deliveries will take place early in the
morning, prior to the center opening, so the truck will not interfere with parent and
Agenda Page 64
3
staff traffic. If delivery time must be during business hours, the truck will park on
the North side of the parking lot, near the playground, to avoid interference with
parents. The deliveries will be made through the main entrance to the kitchen.
After applying a truck turning radius template for both a semi-truck or a 30-foot
single unit truck it was determined both would be able to make the turn into and
out of the parking lot. See Exhibits C and D.
4. Screening. Where the daycare facility is in or abuts any commercial or industrial
use or zoned property, the daycare facility shall provide screening along the
shared boundary of such uses. All of the required fencing and screening shall
comply with the fencing and screening requirements of sections 1000.6 and
1000.7 of the ordinance.
Comment: The applicant shall provide landscape screening on the south side of
the south play area and the north and west sides of the north play areas. The site
plan shall be revised to illustrate the plant types, sizes and species.
5. Compliance with State Requirements. The structure and operation shall be in
compliance with state department of human services regulations and be licensed
accordingly.
Comment: The applicant must be in compliance with the Minnesota Department
of Human Services and receive and retain the necessary licenses to run as a child
care center.
Playgrounds. The site plan shows two playground areas in the front of the building
abutting the parking area. Chapter 1700 states parking is to be located separately from
the play area. The original proposed plan had the playgrounds located in the back of the
building. It was recommended they be moved to the front due to the proximity to
Labeaux Avenue NE.
The proposed playgrounds do not meet the setback requirements for the B-2A District.
We believe a five-foot setback is sufficient for the playgrounds under the sites conditional
PUD and due to the fact, they are primarily open space. The playground on the north
end meets the recommended five-foot setback. The proposed playground on the south
end does not conform to a five foot setback requirement. We believe the proposed
playground should be required to conform to the five-foot setback and the applicant
should install landscaping between the proposed playgrounds and roadway and
adjoining property for additional screening.
The proposed playground areas shall be enclosed with a fence to contain the children.
A detail of the proposed fence is required identifying the fence design, height, gate
design with a latch detail, and gate swing direction. It is recommended the fences be
decorative in design, at least five feet in height, with the gate equipped with a self-
latching system for the safety of the children enrolled.
Agenda Page 65
4
A detailed landscape plan must be submitted to the City for approval. The plan must
include ground cover, bushes, shrubbery, trees, or other similar design features or
materials.
Trash Enclosure. The location of the proposed trash enclosure results in the loss of a
parking space and is at a dead end, making it difficult for a garbage truck to access it. It
is recommended the enclosure be moved to the north side of the building to the south of
the proposed playground. This location would result in both deliveries and trash pick-up
occurring in the same location. An elevation of the trash enclosure must be provided
that illustrates the design and materials of the proposed trash enclosure and it gates.
The trash enclosure shall be of masonry construction with an exterior finish that matches
the building.
Basement. The building has a basement. It is unknown how the basement space will be
utilized. To fully understand how the facility will be utilized we require a description of
how the space will be employed.
CONCLUSION
The proposed Laurel Academy Early Learning Center is allowed in the B-2A zoning
district by conditional use permit. Based on our review of the application and plans
submission we recommend approval of the Conditional use permit for a Day Care
Facility at 6558 Laketowne Place NE. based on plans submitted dated 6/20/18 with the
following condition being met.:
1. The city approves a 5 foot side yard setback as a PUD flexibility for the
playground fences. The Applicant’s site plan provides a 5 foot setback from the
sidewalk south of the building.
2. The Applicant provide decorative fence detail that illustrate the fence design,
fence height of a minimum of 5 feet, gate detail and gate latch. Applicant shall
obtain a fence permit prior to installation.
3. The Applicant provide a landscape plan that addresses the following: Proposed
ground cover in the playground area, landscape screening along the south, west
and north sides of the playground areas. Said plan shall identify the number, size
and species of plantings to be used on the site.
4. The Applicant shall relocate the trash enclosure and provide a construction detail
for the enclosure that illustrates the enclosure design, materials demonstrating
that it matches the building.
5. The building includes a basement. The applicant shall provide a description of
how the basement will be utilized by the Day Care Facility.
Agenda Page 66
5
6. Applicant shall provide evidence of all necessary licenses required by the
Minnesota Department of Human Services to operate a child care center.
cc. Adam Nafstad
Maeghan Becker
Kim Hodea
Sheila Zachman
Marcus Anderson
Jeri-Lynn Chambers
Agenda Page 67
Agenda Page 68
Agenda Page 69
Agenda Page 70
Agenda Page 71
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-022
RESOLUTION APPROVING A SITE AND BUILDING PLAN AND CONDITIONAL
USE PERMIT FOR A COMMERCIL DAYCARE FACILITY AT 6558 LAKETOWNE
PLACEWITHIN THE CITY OF ALBERTVILLE
WHEREAS, Laurel Academy Early Learning Center has submitted an application for a
site and building plan and conditional use permit for a commercial daycare at 6558 Laketowne
place in Albertville;
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated July 5, 2018; and
WHEREAS, the Albertville Planning and Zoning Commission met and held a public
hearing on July 10, 2018, to consider the application for a site and building plan and conditional
use permit; and
WHEREAS, upon considering the application materials, the July 5, 2018 planning report,
and public testimony the Planning Commission closed the public hearing and recommended that
the City Council approve the site and building plan and approve the CUP based on the submitted
plans on a vote of 4 to 0 with conditions of the July 5, 2018 planning report as amended by the
Planning Commission; and
WHEREAS, the Albertville City Council met on July 16, 2018 to consider the site and
building plan and conditional use permit applications; and
WHEREAS, the Albertville City Council has received the Laurel Academy Early
Learning Center application materials including a site plan; staff review documents; the Planning
Commission recommendation; and agrees with the findings and recommendation of the Planning
Commission and the July 5, 2018 planning report.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the site and building plan and conditional use permit for a
commercial based on the plans dated June 18, 2018 subject to the following conditions:
1. The city approves a 5 foot side yard setback as a PUD flexibility for the playground
fences. The Applicant’s site plan provides a 5 foot setback from the sidewalk south of
the building.
2. The Applicant provide decorative fence detail that illustrate the fence design, fence
height of a minimum of 5 feet, gate detail and gate latch. Applicant shall obtain a fence
permit prior to installation.
Agenda Page 72
City of Albertville, MN
Resolution No. 2018-022
7/16/2018
Page 2
3. The Applicant provide a landscape plan that addresses the following: Proposed ground
cover in the playground area, landscape screening along the south, west and north sides
of the playground areas. Said plan shall identify the number, size and species of
plantings to be used on the site.
4. The Applicant shall relocate the trash enclosure and provide a construction detail for the
enclosure that illustrates the enclosure design, materials demonstrating that it matches the
building.
5. The building includes a basement. The applicant shall provide a description of how the
basement will be utilized by the Daycare Facility.
6. Applicant shall provide evidence of all necessary licenses required by the Minnesota
Department of Human Services to operate a child care center.
7. The Building shall provide a sprinkler fire suppression system for the first floor and attic
with the change of building occupancy.
Adopted by the Albertville City Council this 16th Day of July, 2018.
_____________________________
Jillian Hendrickson, Mayor
Attest:
___________________________________
Kimberly A. HodeNa, City Clerk
Agenda Page 73
Fire Department Update
July 16, 2018
GENERAL ADMINISTRATION:
• Calls for Service:
o 2018 (Through June 30th): 165
Albertville: 86 52.12%
Otsego: 70 42.42%
St. Michael: 3 1.82%
Other: 6 3.64%
• Hiring Update
o 4 Applicants
1 Hire
2 Still Awaiting Psychological
o 1 resignation
Down to 28 total personnel
• 25 POC / 3 Reserves
o Potential of re-opening the hiring process before fall
GENERAL BUSINESS:
• Otsego Fire Study Update
o Otsego Staff Draft Review = Monday, July 16th
• Engine 12 Sale Completed
• Albertville Lion’s Donation
• Fire Department Memorial Dedication Ceremony
o Tentatively set for Sunday, September 9th
Agenda Page 74
City of Albertville
Driveway Replacement Program
(DRAFT)
I. Scope
A program for property owners within the City to apply to the City for financing to
replace and/or improve the property owner’s driveway at property owner’s expense.
II. General Process
a. The property owner determines the scope and extents of the driveway
improvements they wish to make, obtains quotes and/or negotiates a price and
contract terms with a contractor of their choosing.
b. City engineer reviews request and prepares Driveway Replacement Agreement.
c. Agreement is presented to the City Council for consideration.
d. Finance Director certifies special assessment for following year’s taxes payable.
III. Limitations
All driveway agreements will be reviewed by the City Council on a case by case basis.
The City reserves the right to deny special assessment requests for any reason,
including, but not limited to: scope of work, cost of improvement, delinquent taxes,
coordination with city projects, limitations due to city budget or reserves, etc.
The maximum loan amount per property shall be $8,000, unless approved otherwise by
the City Council.
IV. Special Assessment and Fees
The special assessment shall include all costs incurred by the City and shall include an
upfront fee of $100 for costs related to the program.
The certification levied shall be payable in equal annual principal installments extending
over a period of five years, and shall bear interest at a rate of 2% over city’s last bond
issuance per annum.
VI. Funding
The City will designate funds for the Driveway Replacement up to $30,000 per year for
the projects with a maximum principal loan balance, for the fund, of $150,000 at any
point in time. The initial funding would be taken from the Capital Reserves.
Agenda Page 75
City of Albertville
Driveway Replacement Program
Page 2 of 2
V. Termination of Program
City reserves the right to terminate the program at any time.
Agenda Page 76
1
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
DRIVEWAY REPLACEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ___ day of _______________,
2018, by and between _________________________________ hereinafter called the
"Landowner", and the City of Albertville, a municipal corporation, hereinafter called the
"City".
WITNESSETH
WHEREAS, the City pursuant to its economic development authority has created
a program for property owners within the City to apply for to the City to for financing to
replace and/or improve the property owner’s driveway at property owner’s expense with
financing being provided by the City; and
WHEREAS, the Landowner is the owner of certain real property located at
___________________________, PID No. ______________, hereinafter called the
"Property"; and
WHEREAS, Landowner has requested to participate in the City’s driveway
replacement program and has requested that any and all fees and costs incurred by the City
in connection with the repaving of the Driveway be adopted by the City as a special
assessment against the benefited desires that the City replace the driveway located on
Landowner’s Property; and
WHEREAS, the Landowner has determined the scope and extents of the
driveway improvements they wish to make, and has obtained quotes and/or negotiated a
price and contract terms with a contractor of their choosing for such improvements, and
has found the driveway improvements feasible; and
WHEREAS, a $100 charge shall be paid to City for the costs of processing the
special assessment for the repaving of the Driveway); and
WHEREAS, the proposed assessment to the Subject Property is estimated to be
$___________, (“Assessment”).
NOW, THEREFORE, in consideration of the foregoing premises, and the
following terms and conditions, the parties agree as follows:
Formatted: Indent: First line: 0"
Agenda Page 77
2
1. Landowner agrees that the driveway currently located on the Property is
substandard and in need of replacing. Landowner agrees that the current driveway
has no monetary value, and may be removed and disposed of by the City in its sole
discretion without compensation to the Landowner.
2. Landowner hereby grants to the City, its agents, employees, officers, and contractors
a right of entry to enter the Property to remove and replace Landowner’s driveway
and to perform any and all other work deemed necessary by the City related to the
removal and replacement of said driveway.
1. At the request of the Landowner, and upon completion of the work, the City agrees
to pay _________________,the Landowner’s contractor, an amount of
$_______________, for the driveway improvements.
3.2. In the event the City engages a contractor to enter on to the Property to remove the
existing driveway located on the Property and to replace the driveway with like
materials, Landowner agrees that the City may certify all costs incurred by the
City in removing and replacing the driveway on to the real estate taxes of the
Property. Landowner, it’s successor or assigns, agrees not to contest or appeal such
assessment/certification and waives all statutory rights of appeal under Minnesota
Statutes, including Minnesota Statutes Chapter 429, Minnesota Statutes § 366.012 or
any other applicable statute to the extent of the costs incurred by the City under the
terms of this Agreement which are estimated to be approximately $_____________.
Landowner retains the right to appeal any certification above $_______ pursuant to
Minnesota law. The certification levied shall be payable in equal annual principal
installments extending over a period of five years, and shall bear interest at a rate of
_______% per annum.
4.3. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council.
The City’s failure to promptly take legal action to enforce this Agreement shall not
be a waiver or release.
5.4. Landowner agrees to waive any and all claims whatsoever against the City and its
governing Council, agents, employees, contractors, and representatives as a result
of the work performed under this Agreement including, but not limited to, any
claims for poor materials or workmanship and any claims for a taking under either
the state or federal constitutions or under Section 1983 of Title 42 of the U.S.
Code. Further, the Landowner shall hold the City, its governing Council, agents,
employees, contractors, and representatives harmless from any and all claims
Formatted: No bullets or numbering
Formatted: Indent: Left: 0.5", No bullets or
numbering
Formatted: Condensed by 0.15 pt
Formatted: List Paragraph, No bullets or
numbering, Adjust space between Latin and
Asian text
Agenda Page 78
3
made by Landowner or third parties for damages sustained or costs incurred as a
result of the work performed by the City under the terms of this Agreement. The
Landowner shall indemnify the City and its officers and employees for all costs,
damages or expenses which the City may pay or incur in consequence of such
claims, including attorney's fees.
6.5. In the event of poor materials or workmanship in performance of the work under this
Agreement, the City shall pass through to the Landowner any warranty that the City
obtains from the contractor retained by the City to perform the work.
7.6. Third parties shall have no recourse against the City under this Agreement.
8.7. This Agreement represents the full and complete understanding of the parties and
neither party is relying on any prior agreement or statement(s), whether oral or
written.
9.8. Should Landowner violate any of the terms of this Agreement, the Landowner shall
pay all professional fees incurred by the City as a result of City’s efforts to enforce
the terms of this Agreement. Said fees include attorney's fees and any other
professional fees incurred by the City in attempting to enforce the terms of this
Agreement.
IN WITNESS WHEREOF, the City and the Landowner have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ALBERTVILLE LANDOWNER
By ______________________ _________________________
Jillian Hendrickson, Mayor
By ______________________ _________________________
Kimberly Olson, Clerk
Agenda Page 79
City Administrator’s Update
July 16, 2018
GENERAL ADMINISTRATION
I94 Funding: MnDOT selected the full St. Michael to Albertville Expansion Project as one of their
Federal BUILD Grant candidates. If selected, this would provide additional funds to complete
the added lanes between Cr 19 and Cr 37, as well as, replacement of the Cr 19 bridges. We
prepared a letter of support to be included with the application.
Depot Project: The depot is complete and the Lions are utilizing the Depot for music
performances during the farmers market. City crews will be
Towne Lakes Parking Issues: Staff has received several complaints regarding the parking of
cars, trailers, and boats at the parking lots for the vacant commercial space. We have
contacted the property owner, who has not granted permission for any type of parking, the
HOA and the WCSO. All parked vehicles/trailers will be removed be the end of the week.
Candidate Filing: The Mayor’s seat and two Council seats will be up for election on the
November ballot. Filing for these offices begins Tuesday, July 31 through 5:00 p.m. on August
14 (Primary Election Day). Candidates must be 21 by the election, resided in Albertville at least
30 days before the election, and be an eligible voter. Filing is available at City Hall and the cost
is $2.
Budget Workshops: We will have our first budget workshop meeting following the regular
meeting on Monday night. Staff would also like to set dates for two additional workshops in
August.
Arena Contribution: The Current annual contribution is $15,000. With the second sheet of ice
opening in November 2018 there are some additional capital purchases needed which will deplete the
Capital Improvement Fund for the Arena. The STMA Arena Board requested that each entity consider
the purchase of a hot water heater for the existing sheet of ice and requesting each entity increase their
2018 contribution to $25,000.
Liquor Compliance Checks: Checks were completed by Wright County and staff is aware of at
least one violation. Once the full report and details are obtained, this item will be scheduled for
an August Council meeting.
Park Property Acquisitions: We have prepared draft purchase agreements and are in
discussion the two property owners.
Villa Bar and Grill: Villa will be hosting a fundraiser event on August 19. They wish to hold a
bean bag tourney in the parking lot with possible temporary fencing. A site plan is being
reviewed by the Fire Chief and City Planner. The tourney will last only a few hours, but the
event itself will be from 2:00 p.m. 12:00 midnight.
Agenda Page 80
City Administrator’s Update Page 2 of 3 July 16, 2018
Conduit Financing: The opportunity to provide conduit debt for a project in Buffalo will not be
pursued at this time.
LBAE Training: Included as an attachment, are the instructions for certification training for
members of the Board of Appeals and Equalization. Training is online and are all encouraged to
take it if it. The city is required to have at least one member on the Board certified.
Councilmember Vetsch’s certification expired July 1, 2018 and Councilmember Olson’s will
expire July 1, 2019.
Absentee Voting: Voting for the Primary Election began on June 29 and is available to voters
during City Hall hours.
CGI Video Tour: The custom videos documenting the Albertville community on our web page
are being revamped. Staff has begun work on the script and shoot locations. The videographer
is scheduled for the first week in September and it is anticipated edited and reviewed videos
will be up by mid-November.
Gambling Ordinance: We are reviewing the city’s gambling ordinance and will report back at
the next meeting
ENGINEERING/PUBLIC WORKS
Driveway Replacement Program: Discussion of a possible Driveway Replacement Program is
included on the agenda. A revised program policy and agreement template are included.
70th Street (west of CSAH19): Staff from Albertville and Otsego are working with MnRoad to
see if there is a possibility to partner on a project to improve the 1 mile segment of 70th
between Kadler and CASH 19.
2019 WWTP Improvements: Preliminary design is nearing completion and we continue to
work to negotiate the needed easements between CR 39 and the Mississippi.
CSAH 19 and 70th Street (CSAH 38): The County is progressing with the preliminary design of
CSAH 19 and CSAH 38, which is scheduled for construction in 2019. At the meeting I will review
the preliminary layout with Council.
CSAH 37 (west of Cr 19): The County is starting the preliminary design of the CSAH 37
improvements scheduled for 2019. I will have a draft layout for discussion in August.
Westwind Park Improvements: A pre-construction meeting was conduct on 7/11 and we are
waiting to learn of the Contractor’s schedule.
Towne Lakes Trails: The trail project continues to see delays due to weather and extremely
wet soils.
Agenda Page 81
City Administrator’s Update Page 3 of 3 July 16, 2018
Upcoming Events:
• August 1 - CSAH 19 and 70th Street (CSAH 38) Open House, 5:00 to 7:00 pm at Albertville
City Hall
Attachments:
• 2019 Budget Workshop Outline
• LBAE Training Instructions/Login Info
Agenda Page 82
Agenda Page 83
Agenda Page 84